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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Just Recieved A Signed Capital One Agreement


sunflower99
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I think any input is welcome.

 

I can't understand why we have these bodies that are supposed to be there to protect the consumer, yet when we complain they don't want to know.

Edited by beachcomber60
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DD, make sure you send any letters recorded, they sent P2C knocking on my door because debitarse had 'lost contact' with me, good job I recorded six letters to debitarse to prove otherwise.

 

You can imagine the contents of a letter I sent both debitarse & P2C in response to P2C's 'visit'.

 

 

 

Beachy

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Sunflower, have spoken to OH on the jellybone, just phoned me back to say that both ours have totally different numbers top & bottom, also all their letters have different barcode numbers top & bottom - so I think we're grabbing at straws on this one. :Cry:

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I told them last August to take me to court - they haven't .

 

With Debitarse threat-o-grams I have twice asked for a copy of my orginal signed agreement under pre action court procedures - never got a reply.

 

Soooooo speaks volumes of the enforceability of these 'agreements'

 

Beachy

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Is this a new ploy?

 

OH & I have both been 'terminated' however, OH keeps getting emails stating that latest statement is available online, when trying to log on OH is told to ring for new password.

 

Have absolutely no idea what charges are being added to this account.

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Lexis - CB, No they aren't sending paper statements I'm sureits a ploy for OH to ring for a new password - think we're stupid!

 

Just happens that I received a nice letter from debitarse advising that they no longer dealing with MY account but someone deeper in the pond will be surfacing within 14 days to harrass me. :eek:

 

Will double check the DN just in case.

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Didn't think about doing it that way! Theywouldnt accept national debt line budget (or their own) without seeing items listed in my last thread, so I set up a standingvorder thro' the bank - no payments have ever been returned - so I hope if or when it ever comes to court a judge would ask them a few questions ! ! !

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Yeap, going to be very interested in that myself, have to admit I've never looked at those tables.

 

My tc's is identical to OH's - probably photocopied hundreds in one go, although they say different, both our copies have the same photocopy roller marks on them (two black marks top centre).

 

Beachy

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If they ignore our requests to make arrangements to view originals through both informal or formal CPR 31.16 requests it is their look out and can be brought to the attention of court and judge that DCA has failed to comply

 

Morning Sunflower,

 

Think I have already mentioned this somewhere, in response to Debitarse threat-o-grams of court action, I made requests under CPR 31.6 for a TRUE copy of the agreement, both requests went without being acknowledged (let alone being provided) thank goodness it was done using recorded delivery !

 

UNITED WE STAND

 

Beachy

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Hi DD, I know who you mean - Greg unpronouceable- dont hold your breathe waiting for a reply from this guy, dont think he can write, Ive sent so many letters (recorded) to him, all ignored, he then set P2C on me because Capone/Debitarse had 'lost contact' with me (ruddy cheek! :-x).

 

Sunflower a personal letter from the elusive Ellie, I have seen elsewhere on the forum that it is the general opinion that she does not even exist. :eek:

 

Beachy

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  • 2 weeks later...
  • 2 weeks later...
Hi,

 

Just managed to receive my CCA from crap one, took it out online in may 2004. Front is the same as yours but back is slightly different and it appears there is a section 23??? looks suspect though

 

Edit: In fact at the top under the credit agreement bit it state :

 

 

 

Naughty naughty crapone

 

 

CCA Page 1

CCA Page 2

 

Same alledged cca as most of us!

 

Did they put it in writing that they'd not comply with your cpr request, only under continuous threat of court action from debitas I twice requested my agreement under cpr (by recorded mail) and twice ignored.

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